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HomeMy WebLinkAboutRes 1998-46L NWhen Recorded Return to: Town of Fountain Hills Engineering Department PO Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1998-46 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT TO A.R.S.§28-7201 ET.SEP.ABANDONING ALL RIGHT,TITLE OR INTEREST IN PORTIONS OF CERTAIN PUBLIC RIGHTS-OF-WAY KNOWN AS SHEA BOULEVARD LOCATED WITHIN A PORTION OF SECTION 28 AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 29,WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC VEHICULAR USE. WHEREAS,A.R.S.§28-7201 et.seq.Providesforthedispositionofunnecessarypublic roads;and WHEREAS,TheTownCounciloftheTownof Fountain Hillsisthe governing bodyofthe Town;and NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills,Arizona,as follows: SECTION 1.Thatthesoutherly100feetofthe westerly portion ofShea Boulevard right-of- way as shown in Exhibit Aand described in Exhibit Bis hereby declared tobeno longer necessary for public use as right-of-way. SECTION 2.That the southerly 100 feetofthe easterlyportion of Shea Boulevard right-of-way as shown in Exhibit C and described in Exhibit Dis hereby declared tobeno longer necessary for public useas right-of-way. SECTION 3.That the public roadway as shown in Exhibits AandCand described in Exhibits B and Dis hereby vacated. SECTION 4.That upon recordation of this resolution inthe office of the Maricopa County Recorder,titletothe property shall vest inthe owners of record of the adjacent property as determined bythe records of the Maricopa Country Recorder onthe day of recordation. SECTION 5.That pursuant to A.R.S.§28-7208,the Town has received good and valuable consideration in an amount equal tothe value ofthe vacatecUeadway.O-'^?—Q S? esolution 1998-46 '•M&g&Z^ Page 1 of 2 M§tI6N c L PASSED AND ADOPTED this3rddayof September,1998. ATTEST: Cassie B.Hansen,Town Clerk REVIEWED BY: Paul L.Nprdin,Town Manager FOR THE TOWN OF FOUNTAIN HILLS Sharon Morgan, APPROVED AS TO FORM: 1) W0>rx William E.Farrell,Town Attorney Resolution 1998-46 Page 2 of 2 ( TRUEPOINT OFBEGINNING ( EXHIBITA NWCORSEC28 DIRECTION N00'02'36"W N90"00'00"W N26"49'09"W N08'54'17"W S62"14'48"W N17-54'27"W N10'46'57"W N79'13'03"E N84'55'47"E N05'04'13"W S84-55'47"W S79'13'03"W S10-46'57"E DISTANCE 418.78' 288.95' 1008.48' 102.75' 369.73' 80.62' 438.00' 10.00' 1919.90' 100.00' 1919.90' 10.02' 100.00' 3551EX.DWG12/13/96 7600N.15thStreet. Phoenix,Arizona85020Ph Suite290 (602)954-0038 PROFESSIONALSERVICES Xg^tii^ Xiiii||yuu»'* EXHIBIT B LEGAL DESCRIPTION TO ABANDON A PORTION OF SHEA BOIIIFVARn RIGHT-OF-WAY fWESTERN PORTIONS APORTIONOFSECTION28ANDAPORTIONOFTHENORTHEASTQUARTEROF SECTION 29ALLIN TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINGATTHEWESTQUARTERCORNEROFSAIDSECTION28;THENCE NORTH 00°02'36"WEST ALONG THE WEST LINE OF SAID SECTION 28,A DISTANCE OF 418.78 FEET;THENCE DEPARTING SECTION 28ANDSAIDLINENORTH90°00'00" WEST A DISTANCE OF 288.95 FEET;THENCE NORTH 26°49*09"WEST A DISTANCE OF 1008.48 FEET;THENCE NORTH 08°54 17"WEST A DISTANCE OF 102.75 FEET; THENCE SOUTH 62°14*48"WEST A DISTANCE OF 369.73 FEET;THENCE NORTH 17° 54'27"WEST A DISTANCE OF 80.62 FEET;THENCE NORTH 10°46'57"WEST A DISTANCE OF 438.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF SHEA BOULEVARD AND THE TRUEPOINTOF BEGINNING;THENCE NORTH 79°13'03" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 11281.16 FEET,A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 10° 46'06"WEST;THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHTOFWAY THROUGH A CENTRAL ANGLEOF05°41'53"ANARCLENGTHOF 1121.89 FEET;THENCE CONTINUING ALONG SAID RIGHT OF WAY,NORTH 84°55' 47"EAST A DISTANCE OF 1919.90 FEET;THENCE NORTH 05°04 13"WEST A DISTANCEOF100.00FEET;THENCESOUTH84°55'47"WEST,ADISTANCEOF 1919.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11381.16 FEET;THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°41'53"AN ARC LENGTH OF 1131.85 FEET;THENCESOUTH79°13'03"WEST,10.02FEET;THENCESOUTH10°46' 57"EAST,A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7.0174 ACRES OF LAND,MORE OR LESS PAGE 1 OF 1 F:\PROJECTS\355l\SURVEY\LEGALS\SHEA-ABN.DOC r 3551 EX.DWG 12/13/96 7600 N.15th Street,Suite 290 Phoenix,Arizono 85020 Ph.(602)954-0038 PROFESSIONAL SERVICES EXHIBIT D IMGAl.DESCRIPTION TO ABANDON A PORTION OF SHEA BOTII.FVARD RIGHT- OF-WAY (EASTERLY PORTION! A PORTION OF SECTION 28 TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;THENCE NORTH 00°02'36"WEST ALONG THE WEST LINE OF SAID SECTION 28,A DISTANCE OF 418.78 FEET;THENCE DEPARTING SECTION 28 AND SAID LINE NORTH 90°00'00" WEST A DISTANCE OF 288.95 FEET;THENCE NORTH 26°49'09"WEST A DISTANCE OF 1008.48 FEET;THENCE NORTH 08°54'17"WEST A DISTANCE OF 102.75 FEET; THENCE SOUTH 62°14'48"WEST A DISTANCE OF 369.73 FEET;THENCE NORTH 17° 54*27"WEST A DISTANCE OF 80.62 FEET;THENCE NORTH 10°46'57"WEST A DISTANCE OF 438.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF SHEA BOULEVARD;THENCE NORTH 79°13*03"EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 11281.16 FEET,A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 10°46'06"WEST;THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 05°41'53"AN ARC LENGTH OF 1121.89 FEET;THENCE CONTINUING ALONG SAID RIGHT OF WAY,NORTH 84°55'47"EAST A DISTANCE OF 1919.90 FEET;THENCE NORTH 05°04*13"WEST A DISTANCE OF 100.00 FEET; THENCE NORTH 84°55*47"EAST A DISTANCE OF 900.00 FEET;THENCE SOUTH 05° 04'13"EASTADISTANCEOF100.00FEETTOTHE SOUTHERLY RIGHT-OF-WAY OF SHEA BOULEVARD,AND THE TRUEPOINTOFBEGINNING;THENCE NORTH 84° 55'47"EAST ALONG SAID RIGHT-OF-WAY,A DISTANCE OF 1876.00 FEET TO THE POINT OF BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 3096.04 FEET,A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 05°01'47"WEST;THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 12°32' 16"ANARCLENGTHOF677.50FEETTOTHELINEBETWEENSECTIONS27AND28; THENCENORTH00°06'53"WESTALONGSAIDLINEANDSAIDRIGHTOFWAYA DISTANCE OF 100.86 FEET TO THE BEGINNING OFA NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 3196.04 FEET,A RADIAL LINE PASSINGTHROUGHSAIDPOINTBEARSSOUTH07°16'06"WEST;THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°17'53",ANARC LENGTH OF 686.00 FEET;THENCE SOUTH 84°55'47"WEST, 1876.07 FEET;THENCESOUTH05°04'13"EAST,ADISTANCEOF100.00FEETTOTHETRUEPOINTOFBEGINNING.V)l^\* CONTAINING 5.8719 ACRES OF LAND,MORE OR LESS./)fffW 169i3 ^(l*l(PETER VESECKYUU a*PAGE 1 OF 1 ^'OrC F \PROJECTS\3551 \SURVEYXLEGALS\SHEA-ABN.EST